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AAR Gujarat

StrataTex HSR® classifiable under HSN 59119032 subject to BIS certification

June 12, 2023 1257 Views 0 comment Print

AAR held that based on the information submitted by the applicant, the proposed product StrataTex HSR® would be classifiable under Tariff Item (TI) No. 59119032 of the Customs Tariff Act, 1975 however subject to the condition that they have been granted BIS certification in terms of amendment in Customs Tariff Act, 1975 as per 3rd Schedule (Sr. No. 43(vi)) read with section 98 of Finance Act, 2022.

Kandi ravo falls under HSN 24013000 & 28% GST payable: AAR Gujarat

June 12, 2023 1266 Views 0 comment Print

The supply of applicant of Kandi ravo’ is classifiable under 24013000. The applicant is liable to pay GST at 28% [14 % CGST and 14 % SGST] in terms of notification No. 1/2017-CT(Rate),  Sr. No. 13 of Schedule IV subject to the condition that goods are cleared without brand name.

Input Tax Credit for Machinery Foundation and Structural Supports

May 12, 2023 25839 Views 0 comment Print

In re Colourband Dyestuff P Ltd (GST AAR Gujarat) Colourband Dyestuff P Ltd, a dye manufacturing company, has filed an application seeking an advance ruling on the eligibility of input tax credit (ITC) for the works contract services and materials used for the foundation and structural supports of their machinery. The applicant argues that the […]

Nandini Ashram Trust liable for GST registration & Payment

April 26, 2023 5514 Views 0 comment Print

In re Nandini Ashram Trust (GST AAR Gujarat) Brief facts: Nandini Ashram Trust, 207, Sakar 5, B/h Natraj Cinema, Ashram Road, Ahmedabad, Gujarat 380 009 [for short -‘applicant’] is registered under GST and their GSTIN is 24AAATN8773B2ZL. 2. The applicant is engaged in providing a wide range of professional consulting services viz architecture, engineering (MEPF), […]

GST exempt on Architectural Consultancy Service to Surat Municipal Corporation for construction of SMIMER Hospital

April 26, 2023 1599 Views 0 comment Print

‘Architectural Consultancy Service’ provided by the applicant to Surat Municipal Corporation [SMC] for construction of SMIMER Hospital & College Campus is covered under entry no. 3 of notification No. 12/2017-Central (Rate) dated 28.6.2017 & thus is exempt from GST.

AAR rejects application filed by non-supplier without requisite fee

March 31, 2023 858 Views 0 comment Print

In re Kalepsh Dineshbhai Patel (GST AAR Gujarat) The aforementioned application having been filed by M/s. Kalpesh Dineshbhai Patel and not by M/s. Khanepe Hungermall LLP who is the actual supplier and also having been filed without requisite fee, stands rejected in terms of section 98(2) of the CGST Act, 2017 read with sections 95(a), (c) […]

GST on one time premium on allotment of completed commercial units/building

March 31, 2023 1725 Views 0 comment Print

One time premium received by applicant on allotment of completed commercial units/building is taxable supply in terms of section 7 of CGST/GGST Act, 2017.

No GST on subsidized food to employees in factory/corporate office

March 31, 2023 2778 Views 0 comment Print

Subsidized deduction made by applicant from employees who are availing food in factory/corporate office would not be considered as a ‘supply’ under section 7 of CGST Act, 2017

AAR ruling on admissibility of input tax credit can be sought by supplier only

March 31, 2023 744 Views 0 comment Print

AAR find that [a] applicant before us is not supplier of service and [b] that ruling sought is not for admissibility of input tax credit in respect of supply received by applicant. In fact it is the supplier who may seek an advance ruling in the matter.

No GST on amount of employee’s portion of canteen charges recovered

March 31, 2023 2829 Views 0 comment Print

GST not leviable on amount representing employee’s portion of canteen charges recovered/collected by applicant from its employees and paid to canteen service provider on behalf of employee since it would not be considered as a supply under provisions of section 7 of CGST Act, 2017 and GGST Act, 2017.

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